Approvals Reform, at last?
After years of complaints about the economic drag created by Ontario’s sclerotic environmental approval process, something may finally be about to change. Environment Minister Gerretsen has announced the formal beginning of consultations on the long-overdue transformation agenda for Ap…
View the post titled Approvals Reform, at last?Why no minimum fines in the SDWA?
Minimum fines would be particularly inappropriate in dealing with municipalities, almost all of whom already provided safe water before the Walkerton disaster.
View the post titled Why no minimum fines in the SDWA?Courts, the environment and big fines
When I was a young lawyer, fines up for even the most egregious environmental offences tended to be very small. In one famous case, R.v. Cyanamid, proof of enormous pollution was punished with a $1 fine. Judges used to groan when we environmental prosecutors came into their courtrooms, compl…
View the post titled Courts, the environment and big finesSpreading sewage sludge
The court found that experts disagree about the potential risks associated with the use of Biosolids, and that the municipality had jurisdiction to ban their use within its boundaries.
View the post titled Spreading sewage sludgeWhat's an ANS?
Here’s another fun question about Reg. 511/09, the recent amendments to Reg. 153/04: what’s an “area of natural significance” (ANS)? S. 1 now defines ANS to include “an area which is habitat of a species that is classified under section 7 of the Endangered Speci…
View the post titled What's an ANS?Fairness, non-polluter pays and Kawartha Lakes
Should municipalities have to pay to cleanup private spills? See today’s article in Lawyer’s Weekly.
View the post titled Fairness, non-polluter pays and Kawartha LakesBetter federal environmental assessments coming?
This morning, the Supreme Court of Canada released its decision in MiningWatch Canada v. Minister of Fisheries and Oceans et al. As you will see, MiningWatch’s appeal has been allowed. The unanimous court ruled that the Canadian Environmental Assessment Act requires government to condu…
View the post titled Better federal environmental assessments coming?Taking the Minister to court, personally
Jeffrey Lowes, Director of Government Relations for M-REP Communications, claims to have launched a private prosecution against the Minister of the Environment, John Gerretsen personally, and five senior civil servants. Mr. Lowes argues that Ontario’s ban on the cosmetic use of pesticides is…
View the post titled Taking the Minister to court, personallyEnvironmental Penalties higher in 2009
The Ministry of the Environment issued more environmental penalties in 2009: 13, totalling over $107,000. Although the total is still small, this is a significant increase over the 6 EP, totalling $69,583, that the Ministry issued in 2008. Companies were able to obtain reductions of up to 25…
View the post titled Environmental Penalties higher in 2009More thoughts about fairness
The Nova Scotia Law Reform Commission wrestled recently with the concept of fairness in environmental liability, especially in relation to retroactive laws and joint and several liability. It is interesting to compare this to the ERT decision in Kawartha Lakes in November:
View the post titled More thoughts about fairnessReceive Blog Posts
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